GSA procurement fraud can make vendors liable in MAS contracts for failure to comply with the U.S. Trade Agreements Act. Under TAA compliance laws vendors who sell foreign-made products to the United States may only sell such products that are made, or “substantially transformed,” in countries with reciprocal trade agreements with the United States.
When whistleblower Qui Tam cases arise, having a government contractor fraud defense attorney can mean the difference between getting your case thrown out or significantly reducing exposure and criminal liability.
With law offices in Washington, DC, and in Denver, CO Watson & Associate’s LLC offers experienced government contractor defense lawyers who can represent federal contractors regardless of their states. As GSA contract fraud attorneys, we represent manufacturers and suppliers in addition to GSA contractors that are subject to qui tam False Claims Act lawsuits.
What is GSA Procurement Fraud?
GSA procurement fraud and federal government contracting fraud occur when contractors and or suppliers seek to defraud the government by either violating Trade Agreement Act (TAA compliance) or otherwise by deception deliberately trying to deceive the agency with faulty parts, unallowed products, etc. DOJ and OIGs are actively pursuing small businesses and large defense contractors for GSA procurement fraud.
When a government contractor is alleged to have engaged in General Services Administration fraud (“GSA fraud”), it can create a nightmare for the company, and exposure to civil liability, criminal liability or both can create additional stress. The Department of Justice (“DOJ”), and Office of Inspector General (“OIG”) will probably be issuing a target letter for government procurement fraud; False Claims Act violations for Trade Agreements Act violations, Buy American Act (BAA) violations, and more.
Government contractor fraud cases involving GSA tend to create more pressure from government attorneys prosecuting GSA procurement fraud. In these types of cases, procurement fraud schemes can come in various forms including product substitution, unfair bidding practices, defective pricing, bribery, kickbacks; Cost Mischarging, False Invoices; Change Order Fraud; Substandard goods or services; products that fail in use; Falsely certified goods; goods that fail to meet specifications and goods improperly tested or not tested per requirements
GSA Import Fraud
There are congressional mandates that prohibit federal government contractors from selling goods or supplies through the General Service Administration (GSA) to federal contracting agencies if the source of the goods and products are from forbidden countries such as China. In these types of government procurement fraud cases, our GSA procurement fraud attorneys can help small businesses and large defense contractors to avoid o reduce both civil false claims liability and criminal false claims exposure.
Avoid Trade Agreements Act (TAA) Compliance & GSA Fraud
The underlying False Claims Act for Trade Agreements non-compliance will probably be subject to exposure for all contracts or orders within a specified time. Having government contractor defense lawyers that perform a deep dive into the allegations and promptly posture a defense on your behalf is essential for a successful outcome. Watson & Associates GSA government contract fraud lawyers are here to help.
For GSA contractors to be TAA compliant and avoid criminal charges for government procurement fraud they must make sure that:
- At least 50% of the overall manufacturing cost originates from the US or designated countries.
- The product sold through GSA has undergone substantial transformation in the US or designated countries.
What are TAA Designated Countries?
The designated countries are ones that are:
- World Trade Organization Government Procurement Agreement Countries (like Australia, Germany, South Korea, and Japan)
- Free Trade Agreement Countries (like Mexico, Canada, or Singapore)
- Least Developed Countries (Afghanistan, Cambodia, Samoa, Yemen, etc.)
- Caribbean Basin Countries (Antigua and Barbuda, Aruba, Bahamas, Curacao, and such).
Allowed TAA countries are designated countries under FAR, part 25. GSA fraud and TAA False Claims Act criminal cases arise because contractors sell products and services to the federal government from TAA non-compliant countries such as Russia, North Korea, and China. China, Russia, and North Korea. Call our GSA government contract fraud lawyers
GSA Fraud and US Trade Agreements Act – TAA Compliance
Vendors entering into GSA government MAS contracts are bound to comply with the US Trade Agreements Act. Under TAA compliance terms, government contractors who sell foreign-made products to the United States must only sell such products that are made, or “substantially transformed,” in allowed countries with reciprocal trade agreements with the United States.
Contract the Qui Tam and False Claims Act Defense Lawyers at Watson Associates If You are Facing Civil or Criminal Liability for GSA Fraud
Watson & Associates’ whistleblower defense attorneys practice before various courts every day. The law firm also understands the federal procurement process and serves to protect and defend government contractors involved in GSA procurement fraud cases, investigations for Trade Agreement Act fraud, or facing criminal liability for Buy American Act fraud.
For a Free Initial Consultation, Call us toll-free at 1.866.601.5518 for Immediate Help.